3019-Does the Notification of Enforcement Discretion regarding COVID- 19 and remote telehealth communications apply to violations of 42 CFR Part 2, the HHS regulation that protects the confidentiality of substance use disorder patient records?

Question

Does the Notification of Enforcement Discretion regarding COVID- 19 and remote telehealth communications apply to violations of 42 CFR Part 2, the HHS regulation that protects the confidentiality of substance use disorder patient records?

Office for Civil Rights (OCR) · Accepted Answer

No, the Notification addresses the enforcement only of the HIPAA Rules. The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued similar guidance on COVID-19 and 42 CFR Part 2.

Does the Notification of Enforcement Discretion regarding COVID- 19 and remote telehealth communications apply to violations of 42 CFR Part 2, the HHS regulation that protects the confidentiality of substance use disorder patient records?

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